The following are terms of a legal agreement between you and ClearRisk Inc. (“ClearRisk”) By accessing, browsing and/or using any of the websites operated by ClearkRisk ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, Canadian Copyright Law and international treaties. This Site is controlled and operated by ClearRisk from its offices within Canada. ClearkRisk makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from jurisdictions where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the province of Newfoundland and Labrador, Canada.
2. Use License
(1) Permission is granted to view and download the materials on ClearRisk’s Site. This is the grant of a licence, not a transfer of title, and under this licence you may not:
(a) publicly display the materials for financial gain;
(b) resell the materials
(c) attempt to decompile or reverse engineer any software contained on ClearRisk’s Site;
(d) remove any copyright or other proprietary notations from the materials; and
(e) transfer the materials to another person or “mirror” the materials on any other server.
This licence shall automatically terminate if you violate any of these restrictions and may be terminated by ClearRisk at any time. On terminating your viewing of these materials or on the termination of this licence, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The copyright in all material provided on this Site is held by Dell or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Dell or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions.
Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Dell's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
THE MATERIALS AND INFORMATION YOU FIND ON ClearRisk’s SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE ClearRisk SITE, AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, ClearRisk DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY WEBSITES LINKED TO THIS SITE. THE INFORMATION CONTAINED ON THIS SITE IS FOR GENERAL INFORMATION PURPOSES ONLY. ClearRisk MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OF THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY OF THE SITE OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK.
In no event shall ClearRisk or its suppliers be liable for any loss or damage (including, without limitation, negligence, indirect or consequential loss or damage, damages for loss of data or profit, or due to business interruption) arising out of, or in connection with, the use or inability to use the Site or use of the materials on ClearRisk’s Site, even if ClearRisk or an authorized representative has been notified orally or in writing of the possibility of such loss or damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. Revisions and Errata
The materials appearing on ClearRisk’s Site could include technical, typographical or photographic errors. ClearRisk does not warrant that any of the materials on its Site are accurate, complete or current. ClearRisk may make changes to the materials contained on its Site at any time without notice. ClearRisk does not, however, make any commitment to update the materials.
ClearRisk has not reviewed all of the websites linked to its Site and is not responsible for the contents or availability of any such linked site. The inclusion of any link does not imply endorsement by ClearRisk of the linked website. Use of any such linked website is at the user’s own risk.
(1) Any notes, message/billboard postings, videos, tools, ideas, suggestions, concepts or other material submitted are collectively referred to as “User Submissions”. User Submissions will become the property of ClearRisk and ClearRisk shall be entitled to use the material for any type of use forever including in any media whether not known or hereafter devised [unless specified otherwise in a contractual agreement between ClearRisk and the user]. When you submit material to ClearRisk’s Site, you agree that ClearRisk has the right to publish the material for any type of use as outlined above including promotional and advertising purposes.
(2) ClearRisk is not responsible for any material posted on our Site. You shall not submit or otherwise publish through such Site any content which:
(a) libels, defames, invades privacy, or is obscene, pornographic, abusive or threatening;
(b) infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone’s copyrights, trademarks, trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ClearRisk all of the license rights granted herein;
(c) violates any law;
(d) advocates illegal activity; or
(e) advertises or otherwise solicits funds or is a solicitation for goods or services.
(4) ClearRisk does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and ClearRisk will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. ClearRisk reserves the right to remove Content and User Submissions withoutprior notice.
(5)You agree to indemnify ClearRisk and its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees from and against any and all third party claims, demands, liabilities, costs of expenses, including reasonable lawyer’s fees, resulting from your breach of any of the foregoing agreements, representations and warranties.